Most Australian employees are covered by a Modern Award, which sets the minimum entitlements for employees working in any one of over 150 industries. Some employees can be covered by two or more Modern Awards where their duties do not fall squarely within the definition of a single industry. […]
Dependants of workers who have been killed during the course of their employment are entitled to make a death benefits claim under the Workers Compensation Act 1987. The claim can comprise of a lump sum payment, weekly payments for each dependent child and reasonable funeral expenses. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 26 October 2019. Dianne owns and operates Coastview Lodge, a bed and breakfast with ten rooms. On 15 December 2018, Dianne meets with husband and wife, Bonnie and Clyde, to discuss a potential employment opportunity. It is agreed that Bonnie and Clyde will commence working at the Lodge on a trial basis with a view to move into permanent positions pending their performance over the next month. Clyde is employed as a Chef and Bonnie in Guest Services. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 19 October 2019. Amanda and her five-year-old son, Jackson, began renting a property in July 2018. The house was lavishly constructed and had tall glass sliding doors connecting the living room to the outdoor entertaining area. The glass sliding doors were installed a few years earlier, and at the time, had complied with Australian Safety Standards. However, the standards became more stringent over time, requiring that the glass thickness be increased. Unfortunately, the landlord was not aware of the change in standards and therefore did not arrange for them to be replaced. […]
Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 21 September 2019. Mina owns and runs a business called “Shorelock Homes”, which provides 24-hour security services to resort complexes along the coast. Mina employs Carol as a full-time security guard. Carol works an average of 38 hours per week on a 12-hour shift rotation. Mina ensures Carol is paid the correct penalties and loadings in accordance with the applicable Modern Award (Security Services Industry Award 2010). […]
Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 3 August 2019. Jason is a self-employed brick cleaner. He owns a ute and all the tools required to complete his work, including a generator needed to power the hose for spraying bricks with hydrochloric acid. While lifting the generator into his ute, Jason injures his lumbar spine and requires physiotherapy for twelve months. He initially ceases work but slowly returns over the twelve-month period. Six weeks after Jason returns to full-time work, he is contracted by Gary on the construction of a two-storey house. While working on scaffolding in the early morning, Jason loses his balance [...]
Whenever you purchase goods or services as a consumer, there are built-in guarantees designed to protect you. These guarantees apply regardless of any written contract or terms and conditions applying to the transaction. A person, or a business, will be considered a consumer if: […]
Executors can apply to the Supreme Court for a payment for their “pains and troubles”. This payment is called commission. Commission is awarded at the discretion of the Court and based on the complexity of the estate and the value of the assets. Commission is normally around 2% of capital realized. […]
Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 20 July 2019. Jenny commences civil action against her uncle, seeking damages for alleged sexual assaults that occurred when she was 12 years old, some 40 years ago. Jenny is now able to make a claim for compensation due to amendments to the Limitation Act in 2016, that allow an action to be “brought at any time”. Jenny’s uncle makes an application to the Court, seeking that proceedings be permanently “stayed” on the basis that he has now developed advanced dementia and is unable to participate in the proceedings. His solicitor claims that a fair trial is [...]
Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 13 July 2019. Martin and Natalie had been married for 50 years. During a period of separation, 10 years ago, Natalie made a will leaving the whole of her estate to their four children. When Natalie is diagnosed as suffering from terminal brain cancer, Martin prepares a new will for her, without the assistance of a solicitor, leaving the whole of her estate to him. When Natalie passes away, her estate is valued at $3 million. When Martin attempts to obtain a grant of probate, the children commence Court action, claiming that the new will is invalid. [...]